Broadband Development Map Challenge Process Guide
This informational guide is provided to assist a broadband service provider or a political subdivision who would like to submit a challenge to the Texas Broadband Development Map.
- Broadband Service
In accordance with Government Code Section 490I.0101, broadband service is defined as Internet service that delivers transmission speeds capable of providing a minimum download or upload threshold speed that are the greater of either:
(A) a download speed of 25 megabits per second (Mbps) or faster; and an upload speed of three Mbps or faster as established under Government Code, §490I.0101; or
(B) the upload or download threshold speeds for advanced telecommunications capability under 47 U.S.C. §1302 as adopted by the Federal Communications Commission and as published on the comptroller's website under Government Code, §490I.0101.
- Designated Area
- A census block, which is the smallest geographic area for which the U.S. Bureau of the Census collects and tabulates decennial census data.
Who Can Challenge the Map?
In accordance with Government Code Section 490I.0105(n), a broadband service provider or political subdivision may petition the Broadband Development Office to reclassify a designated area on the map as an eligible area or ineligible area.
- Broadband Service Provider
- An internet service provider engaged in business intended for profit including a telephone cooperative, an electric cooperative, or an electric utility, that offers last-mile or middle-mile broadband service for a fare, fee, rate, charge, or other consideration.
- Political Subdivisions
- Local Government Code Section 140.008(a)(2) states that a "Political subdivision" means a county, municipality, school district, junior college district, other special district, or other subdivision of state government. The term does not include a special purpose district described by Government Code Section 403.0241(b).
For Broadband Service Providers, the challenge should be submitted by a member of their executive team or their designee.
For Political Subdivisions, the challenge should be submitted by a department head of the political subdivision or their designee.
What Information Can Be Challenged?
A broadband service provider or a political subdivision can challenge the Texas Broadband Development Map covering the following challenge topic:
Challenging eligibility of Designated Area(s)
1) The Designated Area(s) should be designated as Eligible
Providers do not offer broadband service that meets the 25 Mbps download /3 Mbps upload threshold that is available to consumers within 10 business days to at least 80 percent of addresses in this Designated Area(s) and evidence can be provided.
The Designated Area(s) have not been awarded Federal funding for the deployment of broadband services and evidence can be provided.
2) The Designated Area(s) should be designated as Ineligible
Providers do offer broadband service that meets the 25 Mbps download/3 Mbps upload threshold that is available to consumers within 10 business days to at least 80 percent of addresses in this Designated Area(s) and evidence can be provided.
The Designated Area(s) has been awarded Federal funding for the deployment of broadband services and evidence can be provided.
When Can a Challenge be Submitted?
The Texas Broadband Development Map will be updated twice per year and any challenges seeking reclassification of a designated area (34 TAC §16.34(a)) must be received by the office within 60 days of when an updated map is published.
Challenges for the first version of the Broadband Development Map were accepted between Dec. 29, 2022 and Feb. 27, 2023, and are no longer being accepted until the map is updated.
How to Log a Challenge
A broadband service provider or a political subdivision can challenge the Texas Broadband Development Map by sending a completed Challenge Form and attach required evidence to the Broadband Development Office (BDO) during the 60-day challenge window.
Where Can I Find Challenges Received?
More information will be provided by BDO soon.
If your question is not addressed here, Email us.